- Information
- AI Chat
This is a Premium Document. Some documents on Studocu are Premium. Upgrade to Premium to unlock it.
Chapter 1 - 2 Answer Key - Law
Law
Course
Political Science
999+ Documents
Students shared 1528 documents in this course
University
University of the Philippines System
Academic year: 2021/2022
Uploaded by:
5Uploads
100upvotes
Preview text
Chapter 1 – General Provisions
I. Definitions
- Obligation – derived from the Latin word obligaito which means tying or binding. It is a tie or bond recognized by law by virtue of which one is bound in favor of another to render something – and this may consist in giving a thing, doing a certain act, or not doing a certain act.
- Quasi-Contract – when they arise from lawful, voluntary and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another.
- Compliance in good faith – compliance or performance in accordance with the stipulations or terms of the contract or agreement.
- Wrong – (cause of action), according to its legal meaning, is an act or omission of one party in violation of legal right or rights (i., recognized by law) of another.
- Solutio indebiti – is the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake.
II. Discussions
- What are the essential requisites of an obligation? a. Passive subject (called debtor or obligor) – the person who is bound to the fulfillment of the obligation; he was a duty. b. Active subject (called creditor or oblige) – the person who is entitled to demand the fulfillment of the obligation; he who has a right. c. Object or prestation (subject matter of the obligation) – the conduct required to be observed by the debtor. It may consist in giving, doing, or not doing. Without the prestation, there is nothing to perform. In bilateral obligations, the parties are reciprocally debtors and creditors. d. Juridical or legal tie (also called efficient cause) – that which binds or connects the parties to the obligation. The tie in an obligation can easily be determined by knowing the source of the obligation.
- Why are obligations under the Civil Code a juridical necessity? Explain. Because it is based on law and subject to court`s action. Obligations under civil code are a judicial necessity in order to enforce local laws that involve civil matters. Civil matters include matters that are brought on by another party that causes injury or financial discord among people of a local jurisdiction.
- What are the elements or requisites in order that a person may acquire a right of action in court against another to enforce the performance of the latter’s obligation? Right is the power a person has under the law to demand from another any prestation. A person may acquire a right of action in court to enforce the performance of another’s obligation if the obligation is a civil obligation, that is, it is based on positive law.
- May a person incur obligations even without entering into any contract or voluntary agreement? Explain. Yes, because obligations do not only arise from contracts. They can be imposed by law, arise from quasi-contracts, from crimes or acts or omissions punished by law and from quasi-delicts or torts. You can have an obligation so that no one will be unjustly benefited or enriched at the expense of someone else, or if you commit a crime, or if you cause damage due to fault or negligence.
III. Problems 1. X saw at about one (1:00 pm) in the afternoon a child alone in a shopping mall. The child who strayed from Y, his mother, was in tears and appeared very hungry. Out of pity, X took him to a restaurant to eat for which he spent P150. Y did not give her consent to the good deed of X.
Furthermore, they were on their way home before the child got lost. Is X entitled to be reimbursed by Y for the amount of P150? Yes, because on the principle of quasi-contract, Y is liable to X even if she did not give her consent. X fed Y’s child and incurred expenses and this should be reimbursed by X to prevent anyone being unjustly enriched or benefited at the other’s expense. 2. While the car of X was parked by the roadside, it was bumped at the rear by a jeep belonging to Y. only the car of X suffered damage. Under the circumstances, does it follow that Y is liable to X for the damage? Yes, because even if there is no pre-existing contractual relation between them, X’s car was damaged due to the negligence of Y. If Y did not bump X’s car, X’s car would not have been damaged. Thus, Y is liable to X for the damages 3. In the same problem, has X the right to ask indemnity from R, employer of X, on the ground that the accident occurred when X was on his way to transact business with a client of R? X doesn’t have a right to ask for indemnity from R because there is no law that requires this. 4. D (debtor) borrowed P10,000 from C (creditor). On the due date of the loan, D could not pay C because he lost to a robber the P10,000 intended for C. in addition, he suffered financial reverses, and he was short of cash even for his current family’s needs. Is D legally justified to refuse to pay C? No, because when D loaned from C, he entered a voluntary agreement and he was willing and the contract is valid. Thus, D should comply with their agreement in good faith and does not have a legal justification to refuse payment to C
Chapter 2 – Nature and Effect of Obligations
I. Definitions
- Generic or indeterminate thing – when it refers only to a class or genus to which it pertains and cannot be pointed out with particularity.
- Personal right – is the right or power of a person (creditor) to demand from another (debtor), as a definite passive subject, the fulfillment of the latter’s obligation to give, to do, or not to do.
- Legal delay or default – or mora is the failure to perform an obligation on time which failure constitutes a breach of the obligations.
- Fortuitous event – is any event which cannot be foreseen, or which, though foreseen, is inevitable. Stated otherwise it is an event which is either impossible to foresee or impossible to avoid.
- Diligence of a good father of a family - ordinary care or diligence which an average person exercises over his own property.
II. Discussions
- Give the rules as to the liability of a person for loss or damage resulting from a fortuitous event. A person is not responsible for loss or damage resulting from a fortuitous event. Thus, his obligation will be extinguished. (Except when expressly specified by law, declared by stipulation, or when nature of obligation requires assumption of risk.).
- What rights are given by law to the creditor in case the debtor fails to comply with his obligation to deliver a specific thing? The creditor can demand specific performance or fulfillment of the obligation with indemnity for damages, OR demand rescission or cancellation of the obligation with a right to indemnity for damages, OR demand payment for damages only when it is the only feasible remedy.
- What are included to be delivered in an obligation to give a definite thing? Explain them.
II. Discussions
- Illustrate an obligation subject to: a. Suspensive condition b. Resolutory condition What is the effect of the fulfillment of the condition in a conditional obligation?
- Give two (2) cases when the conditional obligation is valid although the condition depends entirely upon the will of the debtor. Explain.
- May an obligor be liable under an obligation subject to a suspensive condition although the condition has not yet been fulfilled? Explain.
- In an obligation to give a parcel of land subject
Was this document helpful?
This is a Premium Document. Some documents on Studocu are Premium. Upgrade to Premium to unlock it.
Chapter 1 - 2 Answer Key - Law
Course: Political Science
999+ Documents
Students shared 1528 documents in this course
University: University of the Philippines System
Was this document helpful?
This is a preview
Do you want full access? Go Premium and unlock all 4 pages
Access to all documents
Get Unlimited Downloads
Improve your grades
Already Premium?
Chapter 1 – General Provisions
I. Definitions
1. Obligation – derived from the Latin word obligaito which means tying or binding. It is a tie or bond
recognized by law by virtue of which one is bound in favor of another to render something – and
this may consist in giving a thing, doing a certain act, or not doing a certain act.
2. Quasi-Contract – when they arise from lawful, voluntary and unilateral acts which are enforceable
to the end that no one shall be unjustly enriched or benefited at the expense of another.
3. Compliance in good faith – compliance or performance in accordance with the stipulations or terms
of the contract or agreement.
4. Wrong – (cause of action), according to its legal meaning, is an act or omission of one party in
violation of legal right or rights (i.e., recognized by law) of another.
5. Solutio indebiti – is the juridical relation which is created when something is received when there is
no right to demand it and it was unduly delivered through mistake.
II. Discussions
1. What are the essential requisites of an obligation?
a. Passive subject (called debtor or obligor) – the person who is bound to the fulfillment of the
obligation; he was a duty.
b. Active subject (called creditor or oblige) – the person who is entitled to demand the fulfillment
of the obligation; he who has a right.
c. Object or prestation (subject matter of the obligation) – the conduct required to be observed by
the debtor. It may consist in giving, doing, or not doing. Without the prestation, there is nothing
to perform. In bilateral obligations, the parties are reciprocally debtors and creditors.
d. Juridical or legal tie (also called efficient cause) – that which binds or connects the parties to
the obligation. The tie in an obligation can easily be determined by knowing the source of the
obligation.
2. Why are obligations under the Civil Code a juridical necessity? Explain.
Because it is based on law and subject to court`s action. Obligations under civil code are a judicial
necessity in order to enforce local laws that involve civil matters. Civil matters include matters that
are brought on by another party that causes injury or financial discord among people of a local
jurisdiction.
3. What are the elements or requisites in order that a person may acquire a right of action in court
against another to enforce the performance of the latter’s obligation?
Right is the power a person has under the law to demand from another any prestation. A person
may acquire a right of action in court to enforce the performance of another’s obligation if the
obligation is a civil obligation, that is, it is based on positive law.
4. May a person incur obligations even without entering into any contract or voluntary agreement?
Explain.
Yes, because obligations do not only arise from contracts. They can be imposed by law, arise from
quasi-contracts, from crimes or acts or omissions punished by law and from quasi-delicts or torts.
You can have an obligation so that no one will be unjustly benefited or enriched at the expense of
someone else, or if you commit a crime, or if you cause damage due to fault or negligence.
III. Problems
1. X saw at about one (1:00 pm) in the afternoon a child alone in a shopping mall. The child who
strayed from Y, his mother, was in tears and appeared very hungry. Out of pity, X took him to a
restaurant to eat for which he spent P150. Y did not give her consent to the good deed of X.
Why is this page out of focus?
This is a Premium document. Become Premium to read the whole document.